On Appeal from the 298th Judicial District Court Dallas County
The instant case arose out of the breach of a separation agreement entered into between the appellant and the appellee following the termination of the appellant's employment with the appellee. The trial court granted summary judgment in favor of the appellee on all issues but attorney's fees, and, following a bench trial on fees, awarded the appellee its attorney's fees. The appellant contended that the trial court erred in enforcing the jury waiver set forth in the separation agreement and in quashing subpoenas directed to the appellee's three most senior executives. The appellate court found that because the waiver was conspicuous, the appellant was charged with the burden of establishing that it was not knowing or voluntary. But the appellant did not address whether she endeavored to meet that burden. Further, the appellant offered nothing to suggest or otherwise establish she demonstrated that those apex individuals had unique or personal knowledge of discoverable information. The court noted that the appellant wholly failed to comply with the Rules of Appellate Procedure, and such failure resulted in the waiver of those issues on appeal. The court had already concluded the trial court did not err in determining the appellant breached the agreement by asserting claims against the appellee. Thus, the court could not conclude the trial court erred in awarding the appellee attorney's fees for the appellant's breach of contract. Accordingly, the trial court's judgment was affirmed.